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1961 Supreme(SC) 222

A.K.SARKAR, J.R.MUDHOLKAR, K.C.DAS GUPTA, N.RAJAGOPALA AYYANGAR, P.B.GAJENDRAGADKAR
Hota Venkata Surya Sivarama Sastry – Appellant
Versus
State Of A. P. – Respondent


Advocates:
A.RANGANADHAM CHETTY, A.V.VISHWANATHA SASTRI, S.V.P.VENKATAPPAYYA SASTRI, T.M.SEN, T.SATYANARAYANA

Judgment

AYYANGAR, J. : These two appeals are by special leave of this Court and arise out of orders of the High Court of Andhra Pradesh dismissing two writ petitions filed before it by the respective appellants in the two appeals.

2. On January 14, 1953, the Government of Madras issued a notification reading, to quote only the material words, "in exercise of the powers conferred by S. 1 (4) of the Madras Estates (Abolition and Conversion into Ryotwari) Act 1948 (Madras Act XXVI of 1948) read with S 2 of the Madras Scheduled Areas Estates (Abolition and Conversion into Ryotwari) Regulation, 1951:

The Governor of Madras hereby appoints the 4th of February 1953, as the date on which the provisions of the said Act.....shall come into force in the Estates in the Scheduled Areas of the West Godavari District which are specified in the schedule below :-"

and the schedule set out inter alia:

"1 Agency Area of Gangole A Estate, consisting of........

2 ........................................

3. Agency Area of Gangole C Estate, consisting of .............

" It is the legality of this notification that is impugned by the two appellants who are the proprietors respectively of Gangole A and Gan

















































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